South Carolina Administrative Code

67-706. Oral Argument. A. Each party is permitted ten minutes for oral argument. The appellant is permitted three minutes for reply. B. If both parties have appealed, each party is permitted ten minutes for oral argument, and each party is permitted three minutes for reply. C. A …

67-707. Additional and Newly Discovered Evidence. A. When additional evidence is necessary for the completion of the record in a case on review the Commission may, in its discretion, order such evidence taken before a Commissioner. B. When a party seeks to introduce new evidence …

67-708. Postponement. A. A review hearing may be postponed for the reasons in R.67-613. B. Either party may contact the Commission’s Judicial Department to request postponement. A case may be postponed administratively. C. When the appellant has caused postponement of a review he…

67-709. Commission Review, Procedure. A. Commission review may be conducted by a three or six member review panel either of which excludes the original Hearing Commissioner. An order of a three member review panel has the same force and effect as a six member review panel and is …

67-710. Settlement of a Claim Pending Review. A. If the parties settle a claim after filing a Form 30, the appellant shall immediately notify the Commission’s Judicial Department in writing. B. The Judicial Department will remove the case from the review hearing docket or notify …

67-711. Transcripts. A. Oral argument presented to the Commission is recorded. B. A transcript may be requested by notifying the Commission’s Judicial Department. The terms and costs as in R.67-615 shall apply.

67-712. Requesting Higher Court Review. A. The appellant shall notify the Judicial Department of any and all subsequent appeals. B. The prevailing party shall provide the Judicial Department with a copy of any orders issued by the courts on appeal. The prevailing party shall also…

67-801. Settlement of the Claim, General. A. After the claimant reaches maximum medical improvement the parties may agree to settle the claim by signing a Form 16 or Form 16A, Agreement for Permanent Disability/Disfigurement Compensation, or by signing an Agreement and Final Rele…

67-802. Settlement, Form 16, Form 16A. A. If the parties agree to the terms of a Form 16 or Form 16A, the employer’s representative shall complete a Form 16 or Form 16A by recording the claimant’s compensation rate; the percent of disability agreed upon disfigurement, if any; and…

67-803. Settlement by Agreement and Final Release. A. If the parties agree to the terms of a settlement by entering into an Agreement and Final Release, the document shall include the following: (1) The caption of the claim; (2) A statement of the facts at issue; (3) The date and…

67-804. Informal Conference. A. Appearances at Informal Conferences. (1) A claims mediator may appear on behalf of a Commissioner at an informal conference when the purpose of the informal conference is to: (a) review a proposed Form 16 or Form 16A settlement when the total amoun…

67-805. Third Party Settlements. A. The distribution of third party settlement proceeds must be filed with the Commission unless otherwise directed by a court of competent jurisdiction. B. File the settlement documents with the Claims Department. C. If the parties agree, third pa…

67-901. Notification that a Fatality has Occurred, Required. A. The employer’s representative must state on the Form 12A a fatality has occurred. B. If after a Form 12A is filed the claimant dies, the employer’s representative must notify the Commission’s Claims Department by let…

67-902. Discovery of Beneficiaries. A. The employer’s representative must make a good faith effort to discover the decedent’s beneficiaries. B. The employer’s representative shall attach to the Form 12A a list of the names, addresses, and ages of all known beneficiaries. C. If th…

67-903. Fatality, Statement on Liability Required. A. When the Commission is notified a fatality has occurred, the Commission’s Claims Department requests a statement from the employer’s representative on liability. (1) The employer’s representative shall file a reply in writing …

67-904. Employer Accepts Liability, Procedure. A. If the employer’s representative accepts liability for a claim involving a fatality the Commission will automatically set a hearing to determine beneficiaries. (1) The parties are notified of the date, time, and place of the heari…

67-905. Employer Denies Liability, Procedure. A. If the employer’s representative denies liability of a claim involving a fatality, the claimant must request a hearing by filing a Form 52 according to R.67-207. B. A Guardian ad Litem must be appointed according to R.67-216. C. If…

68-10. Loan Eligibility Requirements. A. The South Carolina Jobs-Economic Development Authority will make economic development bond loans, on either a tax-exempt or taxable basis, and loans from any other program funds which become available, to manufacturing, industrial, researc…

68-15. Repealed. HISTORY: Former Regulation, titled Use of Loan Proceeds, repealed by SCSR 46-5 Doc. No. 4993, eff May 27, 2022.

68-20. Repealed. HISTORY: Former Regulation, titled Terms of Loan Agreements, repealed by SCSR 46-5 Doc. No. 4993, eff May 27, 2022.

68-25. Repealed. HISTORY: Former Regulation, titled Loan Application Requirements, repealed by SCSR 46-5 Doc. No. 4993, eff May 27, 2022.

68-30. Costs and Fees. All fees, including but not limited to accountant’s fees, attorney’s fees, feasibility studies, appraisals, and other costs will be expenses of the applicant. Issuer Fee Schedule is as follows: A. Application Fee $1,000 - non-refundable and in addition to i…

68-35. Repealed. HISTORY: Former Regulation, titled Designation of Economically Distressed Areas, repealed by SCSR 46-5 Doc. No. 4993, eff May 27, 2022.

68-45. Repealed. HISTORY: Former Regulation, titled Community Block Grant Loans, repealed by SCSR 46-5 Doc. No. 4993, eff May 27, 2022.

68-55. Repealed. HISTORY: Former Regulation, titled Bond Issues, repealed by SCSR 46-5 Doc. No. 4993, eff May 27, 2022.

68-65. Repealed. HISTORY: Former Regulation, titled Loans to Export Businesses, repealed by SCSR 46-5 Doc. No. 4993, eff May 27, 2022.

69-1. Adjustment of Claims Under Unusual Circumstances. (Statutory Authority: 1976 Code Sections 1-23-110 et seq., 38-3-110 et seq., and 38-49-20 et seq.) 1. Licensed Adjusters or motor vehicle physical damage appraisers in South Carolina are author- ized to adjust claims or appr…

69-10. Premium Service Companies. 1. Every premium service agreement which confers upon a premium service company authority to cause a policy of insurance covering lives, property or interests situate in South Carolina to be terminated shall be deemed made in South Carolina and s…

69-11.1. Regulation of Credit Insurance. This regulation replaces Regulation 69-11 and provides one comprehensive regulation for all insurance sold in connection with the Consumer Finance Act or the Consumer Protection Code, as amended. A. Background and Purpose. 1976 Code §§ 34-…

69-12. Variable Contracts. PART A—VARIABLE ANNUITIES Article I: Authority. Part A of this Regulation, applicable to variable annuities, is promulgated under the authority of S. C. Code § 38-67-40 (1976). Article II: Definitions. As used in Part A of this Regulation: (1) The term …

69-12.1. Replacement of Life Insurance and Annuities. Statutory Authority: 1976 Code §§ 1-23-10, 38-3-110, 38-57-60, 38-63-10, 38-63-20, 38-63-660, 38-65-10, 38-65-20, 38-69-10, 38-69-20, 38-69-330 Section 1. Purpose and Scope A. The purpose of this regulation is: (1) To regulate…

69-13.3. Uniform Class and Territory Plan—Motorcycles. The purpose of this Order is to amend portions of Order O9-74 which promulgated a uniform class plan and territory plan for motorcycle risks. For physical damage insurance purposes, the subgroups are discontinued and the clas…

69-14. Insurance Holding Company Systems. Section I. Forms-General Requirements. A. Forms A, B, C, D, E and F are intended to be guides in the preparation of the statements required by S. C. Code Sections 38-21-60, 38-21-70, 38-21-125, 38-21-140, 38-21-150, 38-21-225 and 38-21-25…

69-15. South Carolina Deposits Required of Insurers. Under S. C. Code Section 38-9-80 (1976), every domestic, foreign or alien insurance company, transacting or desiring to transact business in South Carolina is required to make deposits with the director or his designee in accor…

69-16. Motor Vehicle Damage Appraisers; General Methods by Which Such Appraisers Shall Conduct Their Business; Suspension or Revocation of an Appraiser’s License. 1. As used herein, the word ‘‘appraiser’’ means any person who, or any partnership, association, or corporation which…

69-17. Advertising of Accident and Health Insurance. (Statutory Authority: 1976 Code § 38-3-60(1)) Section 1. Purpose. The purpose of these rules is to assure truthful and adequate disclosure of all material and relevant information in the advertising of accident and sickness ins…

69-18. Title Insurance. Section 1. Purposes. The within Regulation is predicated upon recognition of the fact that, as presently constituted, the title insurance business is characterized by reverse competition, which is to say that competition among title insurers regularly take…

69-20. Campus Life Insurance. Complaints and abuses related to life insurance sold on or around the campuses of our universities and colleges have grown to intolerable proportions bringing into disrepute not only such campus life insurance but all life insurance. In particular, p…

69-22. Health Maintenance Organizations. Section I. Definitions. Unless the context otherwise requires, the following definitions shall apply as the terms are used in both this regulation and Chapter 33 of Title 38 of the 1976 South Carolina Code, as amended (the Health Maintenan…

69-23. Adjuster, Public Adjuster, Appraiser, Broker, Bondsmen, Runner, Producer and Agency Licenses. Section I. Purpose The purpose of this regulation is to specify requirements related to licenses issued by the Department. Section II. Licenses required for each agency A. Each ag…

69-24. Workmen’s Compensation—Dividends to Policyholders. Section 1. Background and Purpose. It has come to the attention of the South Carolina Insurance Commission that some Workmen’s Compensation insurers and agents may be using unfairly discrimi- natory and other misleading pr…

69-25. Prohibition Against Decreases in Income Benefits From Group Disability Policies Due to Increases in Social Security Benefits. Section 1. Purpose. The purpose of this Regulation is to prohibit insurers from including an offset of increased social security benefits in group …

69-27. Guaranty Act—Applicability. Section 1. Purpose. The purpose of this regulation is to require that brokers fully and fairly disclose to all policyholders of insurers not licensed to do business in this State that the provisions of the South Carolina Insurance Guaranty Assoc…

69-29. Suitability in Annuity Transactions. Section I. Purpose A. The purpose of this regulation is to require producers, as defined in this regulation, to act in the best interest of the consumer when making a recommendation of an annuity and to require insurers to establish and…

69-3. Definitions. 1. Except as may be otherwise set forth by the Statutes of this State, the following words and phrases, whenever and wherever they appear in matters under the cognizance of this Commission, shall have the meaning ascribed herein: Accepting insurer—The Company t…

69-30. Life Insurance Disclosure Regulation. This regulation requires that all persons selling or soliciting the sale of life insurance furnish to prospective purchasers certain basic information to enable these purchasers to accurately determine their insurance needs and to make…

69-31. Practice and Procedure for Hearings Before the Chief Insurance Commissioner under the State Administrative Procedures Act, Act No. 176 of 1977. A. Scope of rules: The rules of procedure in this regulation govern the practice for hearings, decisions, and administrative revi…